I have been working for company A since 2011 on H1b. There was an off shoot (company B) from the parent company in 2014 with common investors.
I worked very closely with company B and their customers to gather software requirements for company A. I I also helped them build their internal processes and technology.
In last couple of years there was a void in company B’s leadership and since we had common investors they used my name as a placeholder until they hire a new leader.
I have never been paid by company B and have payroll records from company A to prove this. Now in 2019 company B is growing and is in need for an engineering lead, so I filed for H1b transfer from company A to company B. USCIS has come back with a non immigrant status RFE stating that they believe I have been working concurrently in both companies.
Here are my questions:
- If I respond to the rfe and they deem me out of status what are the implications?
- If we withdraw the application without answering to the RFE, does that impact any future transfer filings?
- What is the worst case scenario?